Third Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 18
THE REGULATED HEALTH PROFESSIONS ACT
Section |
Table of Contents |
| PART 1 | |
| INTERPRETATION | |
| 1(1) | Definitions |
| (2) | Included references |
| (3) | Conditions |
| (4) | Reference to "practising" members |
| PART 2 | |
| RESERVED ACTS | |
| INTERPRETATION | |
| 2 | Purpose |
| 3 | Definitions |
| WHAT IS A RESERVED ACT? | |
| 4 | List of reserved acts |
| WHO MAY PERFORM A RESERVED ACT? | |
| 5(1) | Performance of reserved acts restricted |
| (2) | Person or class of persons may be exempted |
| (3) | Activities may be exempted |
| (4) | Supervision |
| (5) | Requiring another person to perform a reserved act |
| DELEGATION OF A RESERVED ACT | |
| 6(1) | Delegation of a reserved act |
| (2) | Council must make regulations |
| (3) | Performance of a delegated reserved act |
| PUBLIC HEALTH EMERGENCY | |
| 7(1) | Public health emergency |
| (2) | Regulations Act does not apply |
| PART 3 | |
| GOVERNANCE | |
| DESIGNATION | |
| 8 | Designating regulated health professions, establishing colleges |
| COLLEGE | |
| 9(1) | College is a corporation |
| (2) | Powers and capacity |
| (3) | Corporations Act does not apply |
| 10(1) | Duty to serve the public interest |
| (2) | Mandate of college |
| (3) | College must not set professional fees |
| 11 | Membership |
| COUNCIL | |
| 12(1) | Council |
| (2) | Council to manage affairs |
| 13(1) | Composition of council |
| (2) | Public representatives appointed by minister |
| (3) | Public representatives appointed by council |
| (4) | Additional council members |
| (5) | By-laws for election and appointment of council members |
| 14(1) | Term of office |
| (2) | Multiple terms |
| (3) | Continuing to hold office |
| 15 | Quorum |
| 16 | Vacancy |
| 17(1) | Council committees |
| (2) | Public representatives |
| 18 | Remuneration |
| 19 | Officers |
| 20(1) | Oath of office |
| (2) | Effect of failure to take oath |
| (3) | Who may administer the oath |
| (4) | Copy of oath to registrar |
| (5) | Breach of oath |
| (6) | Effect of suspension or removal |
| 21 | Public representative for only one profession |
| COMMITTEES AND REGISTRAR | |
| 22(1) | Committees |
| (2) | Appointments committee re public representatives |
| (3) | Additional committees |
| 23 | Registrar and staff |
| 24(1) | Officials directory |
| (2) | Directory information public |
| MEETINGS | |
| 25(1) | Annual general meeting |
| (2) | Special meeting |
| (3) | Special meeting on written request |
| (4) | Notice of meetings |
| (5) | Public meetings |
| PART 4 | |
| REGISTRATION AND | |
| CERTIFICATE OF PRACTICE | |
| REGISTERS | |
| 26 | Registers established by council |
| 27 | Registrar to maintain registers |
| 28(1) | Register of regulated members |
| (2) | Register of regulated associate members |
| (3) | Register information public |
| 29 | Honorary membership |
| 30 | Corporations and other entities are not members |
| APPLYING FOR REGISTRATION | |
| 31 | Who considers and decides registration applications? |
| 32(1) | Registration of regulated members |
| (2) | Conditions |
| (3) | Labour mobility |
| 33 | Registration of regulated associate member |
| 34 | Application for registration not approved |
| 35 | Entry on the register |
| 36 | Error on the register |
| CERTIFICATE OF REGISTRATION | |
| 37(1) | Certificate of registration |
| (2) | Information to be shown on certificate of registration |
| (3) | Certificate of registration does not expire |
| (4) | Certificate of registration may be amended |
| APPEALS | |
| 38(1) | Appeal to council |
| (2) | How to appeal |
| (3) | Hearing |
| (4) | Panel may hear appeal |
| (5) | Decision or action of panel |
| (6) | Right to appear |
| (7) | Counsel |
| (8) | Member of council who is also member of board of assessors |
| (9) | Decision by council |
| (10) | Notice of decision on appeal |
| 39(1) | Appeal to court |
| (2) | Powers of court on appeal |
| CERTIFICATE OF PRACTICE | |
| 40(1) | Certificate of practice — regulated members |
| (2) | Conditions |
| (3) | Information to be shown on certificate of practice |
| 41(1) | Certificate of practice — regulated associate members |
| (2) | Conditions |
| (3) | Information to be shown on certificate of practice |
| 42 | Application not approved |
| (1 | Appeal |
| (2) | Sections 38 and 39 apply |
| 44 | Producing certificate of practice |
| 45 | Displaying certificate of practice |
| RENEWAL | |
| 46(1) | Renewal of certificate of practice |
| (2) | Conditions |
| (3) | Certificate of practice continues |
| (4) | Non-renewal for failure to pay fees or apply in time |
| (5) | Application not approved or approved subject to conditions |
| (6) | Effect of non-renewal |
| 47(1) | Appeal |
| (2) | Sections 38 and 39 apply |
| CANCELLATION | |
| 48(1) | Registrar's report |
| (2) | Council may direct registrar to cancel registration or certificate of practice |
| (3) | Cancelled if conviction |
| 49(1) | Written notice of cancellation required |
| (2) | Appeal |
| (3) | Surrender |
| (4) | Name removed from registrar |
| 50 | Reinstatement |
| 51 | Cancellation for other reasons |
| 52 | Effect of cancellation |
| PROHIBITIONS | |
| 53(1) | |
| (2) | Assisting the making of false representation |
| 54 | Unauthorized practice prohibited |
| 55 | Prohibition re accredited facilities |
| PUBLIC HEALTH EMERGENCY | |
| 56(1) | Practising during public health emergency |
| (2) | Certificate of practice |
| (3) | Authorized practice |
| PART 5 BUSINESS ARRANGEMENTS | |
| PRACTICE IN ASSOCIATION | |
| 57(1) | Practising in association |
| (2) | Meaning of "practise in association" |
| (3) | |
| (4) | Duty to report |
| (5) | Exemption from liability for disclosure |
| HEALTH PROFESSION CORPORATIONS | |
| 58 | Definitions |
| 59(1) | Authority of health profession corporation to practise |
| (2) | How health profession corporation to practise |
| Permit | |
| 60(1) | Permit for health profession corporation |
| (2) | Conditions |
| (3) | Validity |
| (4) | Validity during consideration of renewal application |
| (5) | Refusal to issue or renew permit |
| (6) | Notice of decision |
| (7) | Appeal to council |
| (8) | How to appeal |
| (9) | Decision by council |
| (10) | Appeal to court |
| Restrictions | |
| 61 | Carrying on practice without permit prohibited |
| 62(1) | Restriction on use of name |
| (2) | Restriction on business of health profession corporation |
| (3) | Interpretation of business restriction |
| (4) | Validity of corporate act |
| Duties and Responsibilities | |
| 63 | Conflict in duties |
| 64(1) | Regulated member must comply with Act, etc. |
| (2) | Contraventions by corporation prohibited |
| (3) | Obligations to persons receiving health care not diminished |
| (4) | Liability of regulated members |
| (5) | Liability of voting shareholders |
| (6) | Investigation of regulated member practising through corporation |
| (7) | Regulated member's conditions apply to corporation |
| Suspension or Cancellation | |
| 65(1) | Suspending or cancelling permit |
| (2) | Limitation |
| (3) | Surrender of permit |
| 66 | Alternatives to suspending or cancelling permit |
| 67(1) | Written notice of cancellation required |
| (2) | Appeal to court |
| (3) | Powers of court on appeal |
| 68 | Notice of changes |
| Agreements | |
| 69(1) | Voting agreements void |
| (2) | Unanimous shareholders' agreements void |
| Prohibitions | |
| 70(1) | Holding out as a health profession corporation |
| (2) | Holding out as a shareholder, officer, etc. |
| 71(1) | Making false representations or declarations |
| (2) | Assisting the making of false representation |
| 72 | Prohibition re accredited facilities |
| Record of Health Profession Corporations | |
| 73(1) | Record of health profession corporations |
| (2) | Registrar to maintain record |
| (3) | Contents of record |
| (4) | Record information public |
| Miscellaneous | |
| 74 | College powers |
| 75 | Non-application to pharmacies |
| 76 | Prohibition re false advertising |
| PART 6 | |
| TITLE RESTRICTION | |
| 77 | Title restriction: member of college |
| 78(1) | Restricted use of "doctor", "surgeon", "physician" |
| (2) | College of Physicians and Surgeons |
| (3) | College of Dentists and Dental Assistants |
| (4) | College of Chiropractors |
| (5) | College of Naturopathic Doctors |
| (6) | College of Optometrists |
| (7) | College of Pharmacists |
| (8) | College of Podiatrists |
| (9) | College of Psychologists |
| (10) | Non-application |
| 79(1) | Holding out as a college |
| (2) | Non-application |
| 80 | Holding out as a college officer or employee |
| 81(1) | Use of "registered", "licensed" |
| (2) | Exception |
| PART 7 | |
| STANDARDS OF PRACTICE, | |
| CODE OF ETHICS, PRACTICE | |
| DIRECTIONS AND CONTINUING | |
| COMPETENCY PROGRAMS | |
| 82(1) | Standards of practice |
| (2) | Incorporation by reference |
| (3) | External document |
| (4) | Scope of regulations |
| (5) | College regulates more than one health profession |
| (6) | Consultation |
| (7) | Approval of regulations |
| 83(1) | Code of ethics |
| (2) | Incorporation by reference |
| (3) | Consultation |
| 84 | Copies to be made available |
| 85 | Practice directions |
| 86 | Member must comply with Act, etc. |
| 87(1) | Continuing competency program |
| (2) | Consultation and approval requirements |
| PART 8 | |
| PROFESSIONAL CONDUCT | |
| WHAT DEFINITIONS APPLY IN THIS PART? | |
| 88 | Definitions |
| HOW IS THE ROSTER OF PUBLIC REPRESENTATIVES MADE? | |
| 89(1) | Roster of public representatives |
| (2) | Separate roster for one or more professions |
| (3) | Council may nominate persons for roster |
| HOW IS A COMPLAINT MADE? | |
| 90(1) | Complaint about a member's conduct |
| (2) | How to complain |
| (3) | Complaint if registrar aware of professional misconduct |
| (4) | Complaint against former member |
| 91(1) | Notice to complainant |
| (2) | Registrar's actions |
| 92(1) | Notice of dismissal |
| (2) | Complainant may apply for review |
| (3) | Referral to committee |
| (4) | Hearing not required |
| (5) | Decision of committee |
| INVESTIGATION COMMITTEE? | |
| 93(1) | Establishing complaints investigation committee |
| (2) | Role of the committee |
| 94(1) | Members |
| (2) | Panels |
| (3) | Public representatives |
| (4) | Chair to select panel |
| (5) | Quorum |
| (6) | Decision of panel |
| INFORMAL RESOLUTION | |
| 95 | Informal resolution |
| THE INVESTIGATION | |
| 96(1) | Appointment of an investigator |
| (2) | Investigation generally |
| (3) | Who may be an investigator? |
| (4) | Chair or registrar may perform responsibilities |
| 97(1) | Notice of investigation |
| (2) | When information to be given |
| WHAT DOES AN INVESTIGATOR DO? | |
| 98(1) | Investigator's duty |
| (2) | Related matters |
| (3) | Legal counsel and experts |
| WHAT POWERS DOES AN INVESTIGATOR HAVE? | |
| 99(1) | Powers of an investigator |
| (2) | Identification card |
| (3) | Person must provide information |
| (4) | Computers, photographs and copies |
| (5) | Removal |
| (6) | Admissibility of copies |
| WHAT HAPPENS IF A PERSON DOES NOT COOPERATE WITH AN INVESTIGATION? | |
| 100(1) | College may apply for court order |
| (2) | Failure to produce records, etc. is professional misconduct |
| (3) | Warrant to enter and investigate |
| (4) | Application without notice |
| (5) | Offences re investigation |
| WHAT HAPPENS WHEN AN INVESTIGATION IS COMPLETED? | |
| 101(1) | Investigator's report to the committee |
| (2) | Notice to investigated member |
| (3) | Investigating other member |
| WHAT DECISIONS CAN THE COMMITTEE MAKE? | |
| 102(1) | Decision of complaints investigation committee |
| (2) | Hearing not required |
| (3) | Decision given to parties |
| 103 | If mediation unsuccessful |
| WHAT HAPPENS IF THE INVESTIGATED MEMBER IS CENSURED? | |
| 104(1) | Investigated member may be required to attend in person to be censured |
| (2) | Publication of censure |
| (3) | Order for costs |
| WHAT HAPPENS IF THE INVESTIGATED MEMBER VOLUNTARILY SURRENDERS | |
| 105(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| (3) | Publication of voluntary surrender |
| HOW CAN AN INVESTIGATED MEMBER BE REINSTATED AFTER A VOLUNTARY | |
| 106 | Conditions on reinstatement |
| 107 | Costs if conditions placed on right to practise |
| CAN A COMPLAINANT APPEAL THE COMMITTEE'S DECISION? | |
| 108(1) | Appeal by complainant to council |
| (2) | How to appeal |
| (3) | Appointing an appeal panel |
| (4) | Non-council members may be appointed |
| (5) | Exclusion from appeal panel |
| (6) | Decision of appeal panel |
| 109(1) | Power on appeal |
| (2) | Notice of decision |
| (3) | Hearing not required |
| CAN AN INVESTIGATED MEMBER BE SUSPENDED BEFORE A DECISION IS MADE? | |
| 110(1) | Suspension or conditions pending decision |
| (2) | Notice of suspension or conditions |
| (3) | Appeal of suspension or conditions |
| (4) | Hearing by council |
| (5) | Right to appear and be represented |
| (6) | Powers on appeal |
| (7) | Application for stay |
| (8) | Application served on the registrar |
| BREACH OF AN UNDERTAKING | |
| 111 | Referral to inquiry committee if undertaking is breached |
| DISCLOSURE TO LAW ENFORCEMENT | |
| 112 | Information may be disclosed to law enforcement |
| WITHOUT PREJUDICE COMMUNICATIONS | |
| 113 | Without prejudice communications |
| WHAT IS THE INQUIRY COMMITTEE? | |
| 114(1) | Appointing an inquiry committee |
| (2) | Role of the committee |
| 115(1) | Members |
| (2) | Panel |
| (3) | Members of the panel |
| (4) | Who cannot sit on panel |
| (5) | If member unable to continue |
| (6) | Decision of panel |
| HOW DOES A PANEL HOLD A HEARING? | |
| 116(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notifying complainant |
| (4) | Notice of hearing |
| (5) | Public notice of hearing |
| 117(1) | Procedure |
| (2) | Rules of evidence do not apply |
| (3) | Right to appear and be represented |
| (4) | Adjournments |
| 118 | Hearing in absence of investigated member |
| 119(1) | Witnesses |
| (2) | Oral and affidavit evidence |
| (3) | Oral evidence |
| (4) | Oaths |
| (5) | Notice to attend and produce records |
| (6) | Witness fees |
| (7) | Failure to attend or give evidence |
| (8) | Evidence taken outside Manitoba |
| 120(1) | Prior notice of evidence |
| (2) | Introducing evidence without proper notice |
| 121 | Evidence of other matters |
| IS THE HEARING OPEN TO THE PUBLIC? | |
| 122(1) | Hearing open to public |
| (2) | Request for an order that a hearing be private or that a person be identified only by initials |
| (3) | When order may be made |
| (4) | Reasons for the order to be available |
| (5) | No publication other than initials |
| 123(1) | No publication of identifying information |
| (2) | Exception |
| WHAT FINDINGS CAN THE PANEL MAKE? | |
| 124(1) | Decision of the panel |
| (2) | Findings |
| 125(1) | Deemed professional misconduct |
| (2) | Member may make submissions before order made |
| (3) | Form of submissions |
| WHAT ORDERS CAN THE PANEL MAKE? | |
| 126(1) | Orders of panel |
| (2) | Previous censures and orders |
| (3) | Ancillary orders |
| (4) | Suspending or cancelling registration or certificate of practice |
| (5) | Costs re undertaking or conditions |
| (6) | Contravention of order |
| WHAT COSTS AND FINES CAN THE PANEL IMPOSE? | |
| 127(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| THE DECISION | |
| 128(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Decision given to investigated member and complainant |
| (4) | Transcripts |
| 129(1) | Decision available to the public |
| (2) | College may edit decision |
| IS THERE A RIGHT TO APPEAL? | |
| 130(1) | Appeal to Court of Appeal |
| (2) | How to appeal |
| (3) | Appeal on the record |
| (4) | Sealing part of the record |
| (5) | Review of sealed record by Court |
| 131(1) | Powers of Court on appeal |
| (2) | Stay pending appeal |
| CAN AN INVESTIGATED MEMBER WHO IS DISCIPLINED BE REINSTATED? | |
| 132 | Reinstatement |
| WHO IS INFORMED ABOUT THE DISCIPLINING OF A MEMBER ? | |
| 133 | Notice to employers and others of discipline |
| PART 9 | |
| OTHER COLLEGE DUTIES | |
| AND RESPONSIBILITIES | |
| PRACTICE AUDITORS | |
| 134(1) | Appointment of practice auditors |
| (2) | Entry of premises and inspection of records |
| (3) | Person must provide information |
| (4) | Computers, photographs and copies |
| (5) | Removal |
| (6) | Admissibility of copies |
| (7) | College may apply for court order |
| (8) | Failure to produce records, etc. is professional misconduct |
| (9) | Warrant to enter and investigate |
| (10) | Application without notice |
| (11) | Obstruction of practice auditor |
| 135 | Audit for other professions |
| PRACTITIONER PROFILES | |
| 136(1) | Practitioner profiles |
| (2) | Definition |
| (3) | Regulations |
| (4) | Verification of information |
| (5) | Prior review |
| (6) | Scope of regulations |
| (7) | College regulates more than one regulated health profession |
| (8) | Regulation required by the minister |
| (9) | L.G. in C. may make regulation |
| DUTY OF MEMBERS TO REPORT | |
| 137(1) | Duty of members to report |
| (2) | Exemption from liability for disclosure |
| CONSULTATION RE PROGRAM OF STUDY | |
| 138 | Consultation with ministers re program of study |
| CONFIDENTIALITY AND COLLECTING AND SHARING INFORMATION | |
| 139(1) | Definitions |
| (2) | Confidentiality of information |
| (3) | Limits on disclosure of personal information and personal health information |
| 140(1) | Registrar to collect information |
| (2) | Member to provide information |
| (3) | Minister may require information |
| (4) | Registrar to provide information |
| (5) | Minister may disclose information |
| (6) | Authorized entity |
| ANNUAL REPORT | |
| 141(1) | Annual report |
| (2) | Contents of report |
| COLLEGE WEBSITE | |
| 142(1) | College website |
| (2) | Paper or electronic form |
| LETTERS OF STANDING OR CERTIFICATE OF CONDUCT | |
| 143 | Letters of standing or certificate of conduct |
| PART 10 | |
| HEALTH PROFESSIONS | |
| ADVISORY COUNCIL | |
| 144(1) | Advisory council established |
| (2) | Composition of advisory council |
| (3) | Chairperson of advisory council |
| (4) | First members |
| 145 | Ineligible advisory council members |
| 146(1) | Term of office |
| (2) | Term of office: first members |
| (3) | Appointment of successors |
| (4) | Re-appointment |
| (5) | Vacancy |
| 147(1) | Advisory council duties |
| (2) | Terms of reference |
| (3) | Advisory council to follow terms of reference |
| 148(1) | Function is advisory only |
| (2) | Prohibited matters |
| 149 | Powers |
| 150(1) | Advisory council to consult with affected colleges |
| (2) | Colleges to work with the advisory council |
| 151 | Meetings of the advisory council |
| 152 | Procedure |
| 153 | Member's remuneration and expenses |
| 154 | Advisory council to report annually to the minister |
| PART 11 | |
| NEW REGULATED HEALTH PROFESSIONS | |
| APPLICATION | |
| 155(1) | Applying to be a regulated health profession |
| (2) | Application requirements |
| (3) | Group to represent majority of practitioners |
| INVESTIGATION | |
| 156 | Actions |
| 157 | Investigation initiated by minister |
| 158 | Investigation by advisory council |
| 159 | Costs of investigation |
| 160(1) | Recommendation of advisory council to minister |
| (2) | Other recommendations |
| 161 | Recommendation to L.G. in C. |
| TRANSITIONAL COUNCIL | |
| 162(1) | Transitional council of a college |
| (2) | Powers of the transitional council |
| (3) | Registration in transitional period |
| (4) | Powers of minister |
| (5) | Transitional council to comply with the minister's request |
| (6) | Regulations made by Lieutenant Governor in Council |
| (7) | Transition |
| PART 12 | |
| MINISTERIAL POWERS | |
| INQUIRY | |
| 163(1) | Inquiry |
| (2) | Subject of inquiry |
| (3) | Evidence Act powers |
| (4) | Terms of reference |
| (5) | Expenses |
| DIRECTIVES | |
| 164(1) | Directives |
| (2) | Scope of directive |
| (3) | Matters not to be included in directive |
| (4) | Council must comply with directive |
| (5) | Regulations |
| ORDERS | |
| 165(1) | Order re administrator |
| (2) | Support requested or required |
| (3) | Deemed to be carrying out duty of college |
| (4) | Termination of appointment |
| PART 13 GENERAL PROVISIONS | |
| 166 | Responsibility to ensure registration, valid certificate of practice |
| 167(1) | Responsibility to report misconduct |
| (2) | Hospital's or regional health authority's responsibility to report misconduct |
| 168 | Prohibition |
| INJUNCTION | |
| 169 | Injunction |
| OFFENCES | |
| 170(1) | Offence |
| (2) | Offence: section 139 |
| (3) | Directors, officers and employees of health profession corporations |
| (4) | Limitation on prosecution |
| (5) | Fines payable to the government |
| 171(1) | Prosecution of offence |
| (2) | Stay of proceedings |
| 172 | Proof of offence |
| PROTECTION FROM LIABILITY | |
| 173 | Protection from liability |
| 174 | Limitation period |
| MISCELLANEOUS | |
| 175(1) | Service of documents |
| (2) | Deemed receipt |
| 176 | Registrar's certificate |
| 177 | Proof of conviction |
| PART 14 | |
| THE COLLEGE OF PHYSICIANS AND | |
| SURGEONS OF MANITOBA | |
| DEFINITIONS | |
| 178 | Definitions |
| COUNCIL | |
| 179(1) | Composition of council |
| (2) | Non-application of section 13 |
| (3) | Term of office for regulated associate member |
| REGISTRATION OF FACULTY MEMBERS | |
| 180(1) | Registration re faculty members |
| (2) | University may grant certificate |
| (3) | Conditions |
| STANDARDS COMMITTEE | |
| 181(1) | Standards committee |
| (2) | Powers of an investigator |
| (3) | Limit on requiring production of records and information |
| (4) | Refresher training |
| ACCREDITED FACILITIES | |
| 182(1) | Application of this section |
| (2) | Facilities must apply for accreditation |
| (3) | By-laws |
| (4) | Consultation with minister |
| (5) | Standards of practice and practice directions |
| (6) | Council may establish program review committee |
| (7) | Accreditation not granted |
| (8) | Section 38 applies |
| (9) | Report of committee to council |
| (10) | Council may order closure of facility |
| (11) | Notice of decision |
| (12) | Immediate closure |
| (13) | Prohibition |
| (14) | Member must not work in non-accredited facilities |
| (15) | Application to other facilities |
| (16) | Agreement to specify processes |
| (17) | College to provide information to minister |
| (18) | Timing and contents of report |
| 183 | Conduct of member practising on behalf of medical corporation |
| NON-TRADITIONAL THERAPIES | |
| 184 | Non-traditional therapies |
| PROFESSIONAL CONDUCT | |
| 185 | Purpose of section 186 |
| 186(1) | Modified provisions for complaints made to the College of Physicians and Surgeons |
| (2) | |
| (3) | |
| (3) | Complaint if registrar aware of professional misconduct |
| (4) | |
| (5) | |
| (6) | |
| COMPLAINTS COMMITTEE | |
| 92.1(1) | Complaints committee |
| (2) | Public representatives |
| (3) | Selection of panel |
| (4) | Members of the panel |
| (5) | If member unable to continue |
| (6) | Decision of panel |
| (7) | Reference to complaints committee |
| 92.2(1) | Resolution of complaints |
| (2) | Advice to the member |
| (3) | Referral to the investigation committee |
| (7) | |
| (8) | |
| PART 15 | |
| THE COLLEGE OF PHARMACISTS OF | |
| MANITOBA, AND OTHER MATTERS | |
| RE PHARMACEUTICAL PRODUCTS | |
| 187 | Definitions |
| REGISTER OF LICENSED PHARMACIES | |
| 188(1) | Register of licensed pharmacies |
| (2) | Registrar to maintain register |
| 189(1) | Information in register |
| (2) | Access to register information |
| PHARMACIES | |
| 190 | Pharmacy licence |
| 191(1) | Application for licence |
| (2) | Contents of application |
| (3) | Pharmacy manager |
| (4) | Application by a corporation |
| (5) | Application by a partnership |
| 192 | Separate application for each facility |
| 193(1) | Issuing pharmacy licence |
| (2) | Conditions |
| (3) | Duration |
| (4) | Register of licensed pharmacies |
| 194(1) | Application to renew a pharmacy licence |
| (2) | Renewing a pharmacy licence |
| 195 | Appeal |
| 196(1) | Suspending pharmacy licence |
| (2) | Cancelling pharmacy licence |
| (3) | Appeal |
| (4) | Surrender of licence |
| (5) | Publication of suspension or cancellation |
| 197 | Reinstatement |
| 198(1) | Court order appointing custodian |
| (2) | Contents of order |
| (3) | Costs |
| (4) | Notice of application |
| 199 | Service of court order |
| 200 | Obligations of owner |
| 201 | Complaints |
| 202 | Responsibility for employees |
| 203 | Change in ownership of pharmacy |
| 204 | Carrying on business of bankrupt person |
| 205 | Practice directions |
| 206 | Owner must comply with Act, etc. |
| PROFESSIONAL CONDUCT | |
| 207(1) | Modified meanings of Part 8 (Professional Conduct) provisions |
| (2) | |
| (3) | |
| (4) | |
| 90(1) | Complaint about a member's or owner's conduct |
| (5) | |
| (3) | Complaint if registrar aware of professional misconduct |
| (6) | |
| (4) | Complaint against former member or owner |
| (7) | |
| (8) | |
| (4) | Computers, photographs and copies |
| (9) | |
| (2) | Failure to produce records, etc. is professional misconduct |
| (10) | |
| (3) | Investigating other member or owner |
| (11) | |
| (12) | |
| (13) | |
| (14) | |
| (15) | |
| 105(1) | Voluntary surrender of registration |
| (16) | |
| (3) | Publication of voluntary surrender |
| (17) | |
| 106 | Conditions on reinstatement |
| (18) | |
| 107 | Costs if conditions placed on right to practise or to operate a pharmacy |
| (19) | |
| 110(1) | Suspension or conditions pending decision |
| (20) | |
| (3) | Appeal of suspension or conditions |
| (21) | |
| 112 | Information may be disclosed to law enforcement |
| (22) | |
| (2) | Oral and affidavit evidence |
| (23) | |
| (24) | |
| (25) | |
| 125(1) | Deemed professional misconduct |
| (2) | Member or owner may make submissions before order made |
| (3) | Form of submissions |
| (26) | |
| 126(1) | Orders of panel |
| (27) | |
| (4) | Suspending or cancelling registration, certificate of practice or pharmacy licence |
| (5) | Costs when conditions imposed |
| (6) | Contravention of order |
| (28) | |
| (3) | Failure to pay costs and fines by time ordered |
| (29) | |
| 132 | Reinstatement |
| (30) | |
| 133.1 | Notice of discipline involving pharmacy owner |
| OTHER COLLEGE DUTIES AND RESPONSIBILITIES | |
| 208(1) | Modified meanings of Part 9 (Other College Duties and Responsibilities) provisions |
| (2) | |
| 134(1) | Appointment of practice auditors |
| (3) | |
| (2) | Entry of premises and inspection of records |
| (4) | |
| (5) | |
| (6) | |
| (7) | College may apply for court order |
| (8) | Failure to produce records, etc. is professional misconduct |
| (7) | |
| 135 | Audit for other professions |
| GENERAL PROVISIONS RE COLLEGE | |
| 209 | Council at meetings of members |
| 210 | Approval of regulations |
| 211(1) | Code of ethics |
| (2) | Incorporation by reference |
| (3) | Amendment or repeal of code of ethics |
| (4) | Copies to be made available |
| 212(1) | Letters of standing |
| (2) | Registrar's certificate |
| ACTIVITIES NOT AFFECTED BY THIS ACT | |
| 213 | Activities not affected by Act |
| INTERCHANGEABLE PHARMACEUTICAL PRODUCTS | |
| 214(1) | Definitions |
| (2) | Dispense as written |
| 215(1) | Substitution of interchangeable product |
| (2) | Product not available |
| (3) | Exception if "no substitution" instructions |
| (4) | Method of giving "no substitution" instructions |
| (5) | "No substitution" instructions continue |
| (6) | Amount charged if "no substitution" instruction |
| 216 | No liability for dispensing interchangeable products |
| 217 | Regulations |
| PART 16 | |
| REGULATIONS AND BY-LAWS | |
| LIEUTENANT GOVERNOR IN COUNCIL REGULATIONS | |
| 218(1) | Regulations made by L.G. in C. |
| Reserved Acts | |
| Governance | |
| Business Arrangements | |
| Other College Duties and Responsibilities | |
| New Regulated Health Professions | |
| General Provisions | |
| (2) | Scope of regulations |
| (3) | Incorporation by reference |
| (4) | Public consultation in regulation development |
| (5) | Notifying colleges re regulation development |
| MINISTERIAL REGULATIONS | |
| 219(1) | Regulations made by minister |
| Governance | |
| Title Restriction | |
| Professional Conduct | |
| Other College Duties and Responsibilities | |
| New Regulated Health Professions | |
| The College of Pharmacists of Manitoba and | |
| Other Matters re Pharmaceutical Products | |
| (2) | Scope of regulations |
| (3) | Incorporation by reference |
| COUNCIL REGULATIONS | |
| 220(1) | Regulations made by council |
| Reserved Acts | |
| Registration | |
| Business Arrangements | |
| Title Restriction | |
| Continuing Competency | |
| Professional Conduct | |
| General Provisions | |
| (2) | Regulations for College of Physicians and Surgeons |
| (3) | Regulations for College of Pharmacists |
| (4) | Scope of regulations |
| (5) | Incorporation by reference |
| (6) | Labour mobility |
| (7) | College regulates more than one health profession |
| (8) | Consultation |
| (9) | Approval of regulations |
| (10) | Regulation required by minister |
| (11) | L.G. in C. may make regulation |
| COUNCIL BY-LAWS | |
| 221(1) | By-laws made by council |
| Governance | |
| Registration | |
| Business Arrangements | |
| Code of Ethics | |
| Professional Conduct | |
| (2) | By-law powers for College of Pharmacists of Manitoba |
| (3) | By-law powers for College of Dentists and Dental Assistants of Manitoba |
| (4) | College regulates more than one health profession |
| (5) | Consultation with members |
| (6) | Period of effectiveness |
| (7) | Amendments and repeal of by-laws |
| (8) | By-laws available to the public |
| PART 17 | |
| TRANSITIONAL PROVISIONS AND | |
| CONSEQUENTIAL AND CONDITIONAL | |
| AMENDMENTS | |
| TRANSITIONAL PROVISIONS | |
| 222(1) | Definitions |
| (2) | Transitional regulations |
| (3) | Scope of regulations |
| 223(1) | Purpose |
| (2) | Non-application: section 5 and subsection 81(1) |
| (3) | No effect on application or operation of profession-specific Act |
| (4) | Non-application: subsection 78(1) |
| 224(1) | Non-application: sections 55 and 72 |
| (2) | Non-application: section 79 |
| (3) | Does an existing college need to apply under Part 11 to be regulated under this Act? |
| 225 | Transitional re Manitoba Dental Association |
| CONSEQUENTIAL AMENDMENTS | |
| 226(1) | C.C.S.M. c. A80 amended |
| (2) | |
| (3) | |
| 227(1) | C.C.S.M. c. A85 amended |
| (2) | |
| (3) | |
| (4) | |
| 228 | C.C.S.M. c. C50 amended |
| 229 | C.C.S.M. c. C280 amended |
| 230(1) | C.C.S.M. c. D35 amended |
| (2) | |
| (3) | |
| (4) | |
| 231(1) | C.C.S.M. c. D104 amended |
| (2) | |
| 232(1) | C.C.S.M. c. E150 amended |
| (2) | |
| (3) | |
| 233 | C.C.S.M. c. F12 amended |
| 234(1) | C.C.S.M. c. F52 amended |
| (2) | |
| (3) | |
| 235(1) | C.C.S.M. c. H35 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| 236(1) | C.C.S.M. c. H120 amended |
| (2) | |
| (3) | |
| 237(1) | C.C.S.M. c. I80 amended |
| (2) | |
| 238(1) | C.C.S.M. c. M95 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| 239(1) | C.C.S.M. c. M110 amended |
| (2) | |
| (3) | |
| 240(1) | C.C.S.M. c. O60 amended |
| (2) | |
| (3) | |
| 241 | C.C.S.M. c. O70 amended |
| 242(1) | C.C.S.M. c. P33.5 amended |
| (2) | |
| (3) | |
| 243(1) | C.C.S.M. c. P34 amended |
| (2) | |
| 244(1) | C.C.S.M. c. P60 amended |
| (2) | |
| (3) | |
| (4) | |
| 245 | C.C.S.M. c. P93 amended |
| 246(1) | C.C.S.M. c. P215 amended |
| (2) | |
| 247 | C.C.S.M. c. R115 amended |
| 248 | C.C.S.M. c. S110 amended |
| 249(1) | C.C.S.M. c. V60 amended |
| (2) | |
| 250(1) | C.C.S.M. c. W210 amended |
| (2) | |
| (3) | |
| 251(1) | C.C.S.M. c. Y50 amended |
| (2) | |
| 252 | Consequential amendment, S.M. 2001, c. 36 (unproclaimed) |
| CONDITIONAL AMENDMENTS | |
| 253(1) | C.C.S.M. c. D35 |
| (2) | |
| (3) | |
| 254 | C.C.S.M. c. O60 |
| 255 | C.C.S.M. c. O70 |
| 256(1) | C.C.S.M. c. P60 |
| (2) | |
| (3) | |
| 257 | C.C.S.M. c. P93 |
| 258 | C.C.S.M. c. R115 |
| 259(1) | Conditional amendment re Pharmaceutical Act, S.M. 2006, c. 37 |
| (2) | |
| PART 18 | |
| REPEAL, C.C.S.M. REFERENCE AND | |
| COMING INTO FORCE | |
| 260 | Repeal |
| 261 | C.C.S.M. Reference |
| 262 | Coming into force |
| SCHEDULE 1 | |
| Professional Misconduct Fines Table | |
| SCHEDULE 2 | |
| List of Profession-Specific Acts |